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Name of Act
1 Name of Act This Act is the Justice and Community Safety Legislation Amendment Act 2026 (No 2).
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Australian Capital Territory act
This ACT Act makes targeted changes across eight laws. It sets rules for sharing information about Aboriginal and Torres Strait Islander children and young people, requires more frequent reporting of certain gifts, and requires ACAT’s permission to hear some complaints referred after the Human Rights Commission closes them. It also changes confidentiality and reporting rules for inquiries, the process for declaring vexatious litigants, and other technical provisions. It repeals the Crimes (Child Sex Offenders) Amendment Act 2025.
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Direct links to the current provisions in Justice and Community Safety Legislation Amendment Act 2026.
1 Name of Act This Act is the Justice and Community Safety Legislation Amendment Act 2026 (No 2).
2 Commencement This Act commences on the 7th day after its notification day. Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3 Legislation amended This Act amends the following legislation: • Aboriginal and Torres Strait Islander Children and Young People Commissioner Act 2022 • Custodial Inspector Act 2017 • Electoral Act 1992 • Human Rights Commission Act 2005 • Inquiries Act 1991 • Oaths and Affirmations Act 1984 • Supreme Court Act 1933 • Unit Titles (Management) Act 2011.
4 Legislation repealed The Crimes (Child Sex Offenders) Amendment Act 2025 (A2025-4) is repealed.
Aboriginal and Torres Strait Islander Children and Young People Commissioner Act 2022
Part 2 Aboriginal and Torres Strait Islander Children and Young People Commissioner Act 2022
5 Section 34
34 Information sharing (1) The commissioner may disclose to an information sharing entity any information that has been disclosed to, or obtained by, the commissioner in the exercise of a function under this Act, if— (a) the commissioner is reasonably satisfied that the information is relevant to the exercise of the entity’s functions; and (b) if the information is personal information about an individual— the individual has given consent. (2) However, the commissioner may disclose personal information about an individual to an information sharing entity without the individual’s consent if the commissioner believes on reasonable grounds that the disclosure is necessary to ensure that— (a) the commissioner and the information sharing entity are able to take a coordinated approach in relation to a matter affecting an Aboriginal or Torres Strait Islander child or young person; or (b) effective advocacy is able to be undertaken for an Aboriginal or Torres Strait Islander child or young person. (3) If an information sharing entity uses information disclosed to the entity under this section— (a) a secrecy requirement is taken to apply to the entity in relation to the information; and
Part 2 Aboriginal and Torres Strait Islander Children and Young People Commissioner Act 2022 (b) the entity is taken to be a person engaged in the administration of the provision that contains the secrecy requirement. (4) This section applies despite any other territory law. (5) In this section: function, of an information sharing entity, means— (a) for a member of the human rights commission—a function of the member under the Human Rights Commission Act 2005; and (b) for the custodial inspector—a function of the custodial inspector under the Custodial Inspector Act 2017; and (c) for the NPM—a function of the NPM under the Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Act 2018. information sharing entity means— (a) a member of the human rights commission; or (b) the custodial inspector appointed under the Custodial Inspector Act 2017, section 9; or (c) the NPM. NPM means the ACT National Preventive Mechanism established under the Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Act 2018, section 8C. secrecy requirement means a prohibition on the disclosure of information that applies to the commissioner in relation to information disclosed to an information sharing entity, whether the prohibition is absolute or subject to stated exceptions or qualifications.
Custodial Inspector Act 2017 Part 3
Part 3 Custodial Inspector Act 2017
6 Cooperation with other entities New section 31 (1) (g) (g) the commissioner appointed under the Aboriginal and Torres Strait Islander Children and Young People Commissioner Act 2022, section 10.
7 Regular disclosure of gifts Section 216B (2) (2) The financial representative of the entity must give the commissioner a return containing the information mentioned in section 216A (2)— (a) not later than 7 days after the day the total amount received from the person reaches $1 000; and (b) if the person gives the entity an additional gift—not later than 7 days after the day the entity receives the additional gift from the person. Example An entity receives a gift of $1 000 from a person on 1 January, then receives another gift of $100 from the person on 1 February. The financial representative of the entity must give the commissioner a return for the first gift by 8 January and must give the commissioner an additional return for the second gift by 8 February.
Human Rights Commission Act 2005 Part 5
Part 5 Human Rights Commission Act 2005
8 New section 53BAA before section 53BA, insert 53BAA Leave of ACAT required to hear certain discrimination complaints (1) This section applies to a discrimination complaint if— (b) the commission gives the complainant a discrimination referral statement under section 82 (1); and section 53A; or be heard under section 53B.
9 New section 53IAA before section 53IA, insert 53IAA Leave of ACAT required to hear certain retirement village complaints (1) This section applies to a retirement village complaint if—
(b) the commission gives the complainant a retirement village referral statement under section 82A (1); and section 53H; or be heard under section 53I.
10 New section 53SAA before section 53SA, insert 53SAA Leave of ACAT required to hear certain occupancy dispute complaints (1) This section applies to an occupancy dispute complaint if— (b) the commission gives the complainant an occupancy dispute referral statement under section 82B (1); and section 53R; or be heard under section 53S.
Human Rights Commission Act 2005 Part 5
11 New section 53ZBAA before section 53ZBA, insert 53ZBAA Leave of ACAT required to hear certain conversion practice complaints (1) This section applies to a conversion practice complaint if— (b) the commission gives the complainant a conversion practice referral statement under section 82C (1); and section 53ZA; or be heard under section 53ZB.
12 Discrimination referral statements Section 88, new note ACAT only with the leave of the ACAT (see s 53BAA).
13 Retirement village referral statements Section 88A, new note ACAT only with the leave of the ACAT (see s 53IAA).
14 Occupancy dispute referral statements Section 88B, new note ACAT only with the leave of the ACAT (see s 53SAA).
15 Conversion practice referral statements Section 88C, new note ACAT only with the leave of the ACAT (see s 53ZBAA).
Inquiries Act 1991 Part 6
16 Offences against Act—application of Criminal Code etc Section 4, note 1 omit an offence against this Act, s 36 all offences against this Act
17 Reports of boards Section 14 (1), new note Note Confidentiality requirements apply under section 17 in relation to a report.
18 Section 17 17 Protection of information (1) A person commits an offence if–– (a) the person is, or has been, an entrusted person; and (b) the person obtained or generated information in the person’s capacity as an entrusted person; and (c) the information is protected information; and (d) the person discloses, uses, or makes a record of, the protected information. Maximum penalty: 50 penalty units, imprisonment for 1 year or both. (2) Strict liability applies to subsection (1) (a).
(3) To remove any doubt, the fault element for subsection (1) (b) is recklessness. (4) Subsection (1) does not apply if the disclosure, use or recording of the protected information is authorised under subsection (5). Note The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58). (5) An entrusted person may disclose, use, or make a record of, protected information–– (a) in exercising, or assisting another person to exercise, a function under this Act; or (b) if the information has already been made available to the public; or (c) in a circumstance prescribed by regulation. (6) In this section: entrusted person means–– (a) a member; or (b) a member of the staff of a board; or (c) a lawyer assisting a board. protected information means information obtained or generated by a person in exercising, or assisting another person to exercise, a function under this Act.
Inquiries Act 1991 Part 6
19 Proposed adverse comments in reports Section 26A (2) (b) and (c) (b) state the period within which a submission may be made, or a statement given, in relation to the comment; and (c) tell the entity that, if the board’s report of the inquiry includes the comment, the report will also include a copy or summary of any submission the entity makes, or any statement the entity gives, within the time allowed under paragraph (b).
20 Section 26A (3) omit subsection (2) (c) must end not earlier than 14 days subsection (2) (b) must end not earlier than 28 days
21 New section 26A (6) (6) Also, if the board does not include in the report of the inquiry a proposed comment in relation to which a notice under subsection (2) was given to an entity, then the report must not include any of the following: (a) if the entity made a submission or gave a statement that relates to the comment––a copy or summary of the submission or statement; (b) any other information that would disclose the fact that a notice was given to the entity under subsection (2) in relation to the comment.
22 Publication of published proceedings, reports and comments protected Section 38 (3) (3) A board of inquiry report is a public document for the Civil Law (Wrongs) Act 2002, section 138 (Defence for publication of public documents) if, and only if, the report is made public by the Chief Minister.
23 New section 38A
38A Operation of Territory Records Act 2002 For the Territory Records Act 2002, a board of inquiry is taken to include the following in addition to each member: (a) a member of the staff of the board; (b) a lawyer assisting the board. Note A board of inquiry is an agency for the Territory Records Act 2002. An agency has obligations under that Act relating to records management and protection of records (see that Act, divs 2.3 and 2.4).
Oaths and Affirmations Act 1984 Part 7 Part 7 Oaths and Affirmations Act 1984 24 Part 3 heading Part 3 Administration of oath or affirmation
25 Vexatious litigants Section 67A (2) (2) If the court is satisfied that a person has frequently instituted vexatious proceedings, the court may declare the person to be a vexatious litigant. (2A) The court may make a declaration— (a) on its own initiative; or (b) on the application of— (i) the Attorney-General; or (ii) an aggrieved person.
Unit Titles (Management) Act 2011 Part 9
Part 9 Unit Titles (Management) Act 2011
26 Installation of sustainability and utility infrastructure on common property Section 23 (3), note omit see s 20 (1) see s 19 (1)
Endnotes 1 Presentation speech Presentation speech made in the Legislative Assembly on 7 May 2026. 2 Notification Notified under the Legislation Act on 19 June 2026. 3 Republications of amended laws For the latest republication of amended laws, see www.legislation.act.gov.au. I certify that the above is a true copy of the Justice and Community Safety Legislation Amendment Bill 2026 (No 2), which originated in the Legislative Assembly as the Justice and Community Safety Legislation Amendment Bill 2026 and was passed by the Assembly on 11 June 2026. Clerk of the Legislative Assembly
Sourced from the ACT Legislation Register (legislation.act.gov.au), CC BY 4.0.
J2025-1587 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Justice and Community Safety Legislation Amendment Act 2026 (No 2) A2026-12 Contents Page Part 1 Preliminary 1 Name of Act 2 2 Commencement 2 3 Legislation amended 2 4 Legislation repealed 2 Part 2 Aboriginal and Torres Strait Islander Children and Young People Commissioner Act 2022 5 Section 34 3
Contents Page contents 2 Justice and Community Safety Legislation Amendment Act 2026 (No 2) A2026-12 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Custodial Inspector Act 2017 6 Cooperation with other entities New section 31 (1) (g) 5 Part 4 Electoral Act 1992 7 Regular disclosure of gifts Section 216B (2) 6 Part 5 Human Rights Commission Act 2005 8 New section 53BAA 7 9 New section 53IAA 7 10 New section 53SAA 8 11 New section 53ZBAA 9 12 Discrimination referral statements Section 88, new note 9 13 Retirement village referral statements Section 88A, new note 10 14 Occupancy dispute referral statements Section 88B, new note 10 15 Conversion practice referral statements Section 88C, new note 10 Part 6 Inquiries Act 1991 16 Offences against Act—application of Criminal Code etc Section 4, note 1 11 17 Reports of boards Section 14 (1), new note 11 18 Section 17 11 19 Proposed adverse comments in reports Section 26A (2) (b) and (c) 13 20 Section 26A (3) 13 21 New section 26A (6) 13 22 Publication of published proceedings, reports and comments protected Section 38 (3) 14 23 New section 38A 14
Contents Page A2026-12 Justice and Community Safety Legislation Amendment Act 2026 (No 2) contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 7 Oaths and Affirmations Act 1984 24 Part 3 heading 15 Part 8 Supreme Court Act 1933 25 Vexatious litigants Section 67A (2) 16 Part 9 Unit Titles (Management) Act 2011 26 Installation of sustainability and utility infrastructure on common property Section 23 (3), note 17
J2025-1587 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Justice and Community Safety Legislation Amendment Act 2026 (No 2) A2026-12 An Act to amend legislation about justice and community safety, and for other purposes The Legislative Assembly for the Australian Capital Territory enacts as follows:
Part 1 Preliminary Section 1 page 2 Justice and Community Safety Legislation Amendment Act 2026 (No 2) A2026-12 Authorised by the ACT Parliamentary Counsel—also accessible at Part 1 Preliminary 1 Name of Act This Act is the Justice and Community Safety Legislation Amendment Act 2026 (No 2). 2 Commencement This Act commences on the 7th day after its notification day. Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)). 3 Legislation amended This Act amends the following legislation: • Aboriginal and Torres Strait Islander Children and Young People Commissioner Act 2022 • Custodial Inspector Act 2017 • Electoral Act 1992 • Human Rights Commission Act 2005 • Inquiries Act 1991 • Oaths and Affirmations Act 1984 • Supreme Court Act 1933 • Unit Titles (Management) Act 2011. 4 Legislation repealed The Crimes (Child Sex Offenders) Amendment Act 2025 (A2025-4) is repealed.
Aboriginal and Torres Strait Islander Children and Young People Commissioner Act 2022 Part 2 Section 5 A2026-12 Justice and Community Safety Legislation Amendment Act 2026 (No 2) page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Aboriginal and Torres Strait Islander Children and Young People Commissioner Act 2022 5 Section 34 substitute 34 Information sharing (1) The commissioner may disclose to an information sharing entity any information that has been disclosed to, or obtained by, the commissioner in the exercise of a function under this Act, if— (a) the commissioner is reasonably satisfied that the information is relevant to the exercise of the entity’s functions; and (b) if the information is personal information about an individual— the individual has given consent. (2) However, the commissioner may disclose personal information about an individual to an information sharing entity without the individual’s consent if the commissioner believes on reasonable grounds that the disclosure is necessary to ensure that— (a) the commissioner and the information sharing entity are able to take a coordinated approach in relation to a matter affecting an Aboriginal or Torres Strait Islander child or young person; or (b) effective advocacy is able to be undertaken for an Aboriginal or Torres Strait Islander child or young person. (3) If an information sharing entity uses information disclosed to the entity under this section— (a) a secrecy requirement is taken to apply to the entity in relation to the information; and
Part 2 Aboriginal and Torres Strait Islander Children and Young People Commissioner Act 2022 Section 5 page 4 Justice and Community Safety Legislation Amendment Act 2026 (No 2) A2026-12 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the entity is taken to be a person engaged in the administration of the provision that contains the secrecy requirement. (4) This section applies despite any other territory law. (5) In this section: function, of an information sharing entity, means— (a) for a member of the human rights commission—a function of the member under the Human Rights Commission Act 2005; and (b) for the custodial inspector—a function of the custodial inspector under the Custodial Inspector Act 2017; and (c) for the NPM—a function of the NPM under the Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Act 2018. information sharing entity means— (a) a member of the human rights commission; or (b) the custodial inspector appointed under the Custodial Inspector Act 2017, section 9; or (c) the NPM. NPM means the ACT National Preventive Mechanism established under the Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Act 2018, section 8C. secrecy requirement means a prohibition on the disclosure of information that applies to the commissioner in relation to information disclosed to an information sharing entity, whether the prohibition is absolute or subject to stated exceptions or qualifications.
Custodial Inspector Act 2017 Part 3 Section 6 A2026-12 Justice and Community Safety Legislation Amendment Act 2026 (No 2) page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Custodial Inspector Act 2017 6 Cooperation with other entities New section 31 (1) (g) insert (g) the commissioner appointed under the Aboriginal and Torres Strait Islander Children and Young People Commissioner Act 2022, section 10.
Part 4 Electoral Act 1992 Section 7 page 6 Justice and Community Safety Legislation Amendment Act 2026 (No 2) A2026-12 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Electoral Act 1992 7 Regular disclosure of gifts Section 216B (2) substitute (2) The financial representative of the entity must give the commissioner a return containing the information mentioned in section 216A (2)— (a) not later than 7 days after the day the total amount received from the person reaches $1 000; and (b) if the person gives the entity an additional gift—not later than 7 days after the day the entity receives the additional gift from the person. Example An entity receives a gift of $1 000 from a person on 1 January, then receives another gift of $100 from the person on 1 February. The financial representative of the entity must give the commissioner a return for the first gift by 8 January and must give the commissioner an additional return for the second gift by 8 February.
Human Rights Commission Act 2005 Part 5 Section 8 A2026-12 Justice and Community Safety Legislation Amendment Act 2026 (No 2) page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 5 Human Rights Commission Act 2005 8 New section 53BAA before section 53BA, insert 53BAA Leave of ACAT required to hear certain discrimination complaints (1) This section applies to a discrimination complaint if— (a) the commission closes the complaint because it is satisfied of one of the reasons mentioned in section 78 (2) (c); and (b) the commission gives the complainant a discrimination referral statement under section 82 (1); and (c) either— (i) the commission refers the complaint to the ACAT under section 53A; or (ii) the complainant applies to the ACAT for the complaint to be heard under section 53B. (2) The complaint may be heard by the ACAT only with the leave of the ACAT. 9 New section 53IAA before section 53IA, insert 53IAA Leave of ACAT required to hear certain retirement village complaints (1) This section applies to a retirement village complaint if— (a) the commission closes the complaint because it is satisfied of one of the reasons mentioned in section 78 (2) (c); and
Part 5 Human Rights Commission Act 2005 Section 10 page 8 Justice and Community Safety Legislation Amendment Act 2026 (No 2) A2026-12 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the commission gives the complainant a retirement village referral statement under section 82A (1); and (c) either— (i) the commission refers the complaint to the ACAT under section 53H; or (ii) the complainant applies to the ACAT for the complaint to be heard under section 53I. (2) The complaint may be heard by the ACAT only with the leave of the ACAT. 10 New section 53SAA before section 53SA, insert 53SAA Leave of ACAT required to hear certain occupancy dispute complaints (1) This section applies to an occupancy dispute complaint if— (a) the commission closes the complaint because it is satisfied of one of the reasons mentioned in section 78 (2) (c); and (b) the commission gives the complainant an occupancy dispute referral statement under section 82B (1); and (c) either— (i) the commission refers the complaint to the ACAT under section 53R; or (ii) the complainant applies to the ACAT for the complaint to be heard under section 53S. (2) The complaint may be heard by the ACAT only with the leave of the ACAT.
Human Rights Commission Act 2005 Part 5 Section 11 A2026-12 Justice and Community Safety Legislation Amendment Act 2026 (No 2) page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 11 New section 53ZBAA before section 53ZBA, insert 53ZBAA Leave of ACAT required to hear certain conversion practice complaints (1) This section applies to a conversion practice complaint if— (a) the commission closes the complaint because it is satisfied of one of the reasons mentioned in section 78 (2) (c); and (b) the commission gives the complainant a conversion practice referral statement under section 82C (1); and (c) either— (i) the commission refers the complaint to the ACAT under section 53ZA; or (ii) the complainant applies to the ACAT for the complaint to be heard under section 53ZB. (2) The complaint may be heard by the ACAT only with the leave of the ACAT. 12 Discrimination referral statements Section 88, new note insert Note 2 If the commission closed the complaint because it was satisfied of one of the reasons mentioned in s 78 (2) (c), the complaint may be heard by the ACAT only with the leave of the ACAT (see s 53BAA).
Part 5 Human Rights Commission Act 2005 Section 13 page 10 Justice and Community Safety Legislation Amendment Act 2026 (No 2) A2026-12 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 13 Retirement village referral statements Section 88A, new note insert Note 2 If the commission closed the complaint because it was satisfied of one of the reasons mentioned in s 78 (2) (c), the complaint may be heard by the ACAT only with the leave of the ACAT (see s 53IAA). 14 Occupancy dispute referral statements Section 88B, new note insert Note 2 If the commission closed the complaint because it was satisfied of one of the reasons mentioned in s 78 (2) (c), the complaint may be heard by the ACAT only with the leave of the ACAT (see s 53SAA). 15 Conversion practice referral statements Section 88C, new note insert Note 2 If the commission closed the complaint because it was satisfied of one of the reasons mentioned in s 78 (2) (c), the complaint may be heard by the ACAT only with the leave of the ACAT (see s 53ZBAA).
Inquiries Act 1991 Part 6 Section 16 A2026-12 Justice and Community Safety Legislation Amendment Act 2026 (No 2) page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 6 Inquiries Act 1991 16 Offences against Act—application of Criminal Code etc Section 4, note 1 omit an offence against this Act, s 36 substitute all offences against this Act 17 Reports of boards Section 14 (1), new note insert Note Confidentiality requirements apply under section 17 in relation to a report. 18 Section 17 substitute 17 Protection of information (1) A person commits an offence if–– (a) the person is, or has been, an entrusted person; and (b) the person obtained or generated information in the person’s capacity as an entrusted person; and (c) the information is protected information; and (d) the person discloses, uses, or makes a record of, the protected information. Maximum penalty: 50 penalty units, imprisonment for 1 year or both. (2) Strict liability applies to subsection (1) (a).
Part 6 Inquiries Act 1991 Section 18 page 12 Justice and Community Safety Legislation Amendment Act 2026 (No 2) A2026-12 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) To remove any doubt, the fault element for subsection (1) (b) is recklessness. (4) Subsection (1) does not apply if the disclosure, use or recording of the protected information is authorised under subsection (5). Note The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58). (5) An entrusted person may disclose, use, or make a record of, protected information–– (a) in exercising, or assisting another person to exercise, a function under this Act; or (b) if the information has already been made available to the public; or (c) in a circumstance prescribed by regulation. (6) In this section: entrusted person means–– (a) a member; or (b) a member of the staff of a board; or (c) a lawyer assisting a board. protected information means information obtained or generated by a person in exercising, or assisting another person to exercise, a function under this Act.
Inquiries Act 1991 Part 6 Section 19 A2026-12 Justice and Community Safety Legislation Amendment Act 2026 (No 2) page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 19 Proposed adverse comments in reports Section 26A (2) (b) and (c) substitute (b) state the period within which a submission may be made, or a statement given, in relation to the comment; and (c) tell the entity that, if the board’s report of the inquiry includes the comment, the report will also include a copy or summary of any submission the entity makes, or any statement the entity gives, within the time allowed under paragraph (b). 20 Section 26A (3) omit subsection (2) (c) must end not earlier than 14 days substitute subsection (2) (b) must end not earlier than 28 days 21 New section 26A (6) insert (6) Also, if the board does not include in the report of the inquiry a proposed comment in relation to which a notice under subsection (2) was given to an entity, then the report must not include any of the following: (a) if the entity made a submission or gave a statem
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